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Customer Service Hotline: 1-800-438-2474 

The Honorable David S. Small, Secretary 

Delaware Department of Natural Resources and Environmental Control 

89 Kings Highway 

Dover, Delaware 19901 

Dear Secretary Small: 

On August 20, 2014, the U.S. Environmental Protection Agency (EPA) received a revision to the 

Delaware State Implementation Plan (SIP) from the Delaware Department of Natural Resources and 

Environmental Control pertaining to amendments to the Delaware Low Emission Vehicle Program 

regulation. The purpose of the amendment to revise 7 DE Admin. Code 1140 to incorporate by 

reference the applicable sections of Title 13 of the California Code of Regulations that comprise 

California’s Low Emision Vehicle (LEV) III standards and greenhouse gas standards beginning with 

model year 2015 vehicles. EPA has determined that Delaware’s SIP submittal is administratively and 

technically complete, and we are reviewing it to prepare a Notice of Proposed Rulemaking (NPR) 

action. 

If members of your staff have any questions, they may direct them to Brian Rehn, Office of Air 

Program Planning, at (215) 814-2176, or at rehn.brian@epa.gov. He is the principal contact for this 

rulemaking. 

 Sincerely, 

 / s / 

 David L. Arnold, Acting Director 

 Air Protection Division 

cc: Ali Mirzakhalili, Director, Division of Air Quality 
SIP SUBMITTAL COMPLETENESS CRITERIA CHECKLIST 

 (in accordance with 40 CFR Part 51 - App. V) SIP Submitted by: Delaware  Date Submitted: August 20, 2014  Subject: Delaware Low Emissions Vehicle (LEV) Program Completeness Review  Completed by: Brian Rehn /s /  Date Completed: October 21, 2014 Administrative Materials 

EPA REQUIREMENT STATE SUBMITTAL 

1. A formal letter of submittal from the Governor or his designee, requesting EPA approval of the plan or revision thereof. 

1. Submittal letter (dated August 20, 2014) from 

David Small of the Delaware Department of Natand Environmental Control (DNREC) to EPA ReAdministrator Shawn Garvin. 

2. Evidence that the State has adopted the plan in the State code or body of regulations; or issued the permit, order, or consent agreement in final form. That evidence shall include the date of adoption or final issuance as well as the effective date of the plan, if different from the adoption/issuance date. 

2. DNREC SIP contains a Secretary’s Order (No

with an issuance date of November 15, 2013, effDecember 11, 2013. The Order was signed by SO’Mara on November 15, 2013. The Order contains Secretary O’Mara’s conclusithat DNREC has jurisdiction and authority to ado

rules; that DNREC followed state requirements f

and hearing; that the final state rule does not vary from the state proposed version; and that the rule adopted as final and published in the Delaware RRegulations. 

3. Evidence that the State has the necessary legal authority under State law to adopt and implement the plan. 

3. Delaware’s Secretary of Environment has legadopt, amend, modify or repeal rules or regulatioafter public hearing, to effectuate the policy need

air quality and comply with related federal laws. stems from Chapter 60 of Title 7 of the Delaware Chapter 101 from Title 29 of the Delaware Code
EPA REQUIREMENT STATE SUBMITTAL 

4. A copy of actual regulation, or document submitted for approval and incorporation by reference into the plan, including indication of the changes made to the existing approved plan, where applicable. The submittal shall be a copy of the official State regulation/document signed, stamped, dated by the appropriate State official indicating that it is fully enforceable by the State. The effective date of the regulation/document shall, whenever possible, be indicated in the document itself. 

4. A copy of Delaware’s final regulation amendi1140 – Low Emission Vehicle Program, dated 12submitted as part of the SIP revision. The regulaeffective for new 2014 model year affected vehic

Delaware, as stated in the Purpose section of the 

copy of the proposed regulation, indicating chan

existing rule has also been included as part of the 

Note: DE DNREC did not include copies of the 

version of the Delaware Register of Regulations proposed or final rules, although both were publiDelaware Register prior to the date of SIP submi

5. Evidence that the State followed all of the procedural requirements of the State's laws and constitution in conducting and completing the adoption/issuance of the plan. 

5. The SIP includes the Secretary’s Order No. 20dated November 15, 2013, approving the amendecover letter transmitting the SIP revision dated Ais also included as part of the SIP revision, as wepublic hearing notices and a certification of publnotice. 

6. Evidence that public notice was given of the proposed change consistent with procedures approved by EPA, including the date of publication of such notice. 

6. The SIP includes affidavits of publication datand August 19, 2013 from two Delaware newspa

Delaware State News and The News Journal. Copublished advertisements of public hearing notic

included in the SIP revision. 

7. Certification that public hearings were held in accordance with the information provided in the public notice and the State's laws and constitution, if applicable. 

7. The SIP revision includes a copy of a memo f

Public Hearing Officer, to Secretary O’Mara date15, 2013 attesting that a public hearing was held 

23, 2013, including a summary of the public hear

8. Compilation of public comments and the State's response thereto. 

8. A memo from Deanna Cuccinello to Lisa Ves

21, 2013 details the list of those who provided puand a summary of DNREC’s response to commeDelaware’s proposed amendment to 7 DE Admin 
Technical Support 

EPA REQUIREMENT STATE SUBMITTAL 

1. Identification of all regulated pollutants affected by the plan. 1. Delaware’s Low Emission Vehicle program 

amendments address emissions from highway mof nitrogen oxides and volatile organic compoun

non methane organic gases), both of which are pground-level ozone formation. The amended ruaddresses greenhouse gas emissions from new hvehicles. 

2. Identification of the locations of affected sources including the EPA attainment/nonattainment designation of the locations and the status of the attainment plan for the affected area(s). 

2. The program is effective statewide, applying model year 2014 and subsequent model year mothat are passenger cars, light-duty trucks, and mpassenger vehicles delivered for sale in Delawar

3. Quantification of the changes in plan allowable emissions from the affected sources; estimates of changes in current actual emissions from affected sources or, where appropriate, quantification of changes in actual emissions from affected sources through calculations of the differences between certain baseline levels and allowable emissions anticipated as a result of the revision. 

3. N/A. The Regulation 1140 revisions containset emission limits on subject new motor vehiclesale in Delaware, beginning in model year 2014Benefits of these program revisions are not calcplan, but will be analyzed by DNREC as part of nonattainment area plans that rely upon these beprogram. 

4. The State's demonstration that the national ambient air quality standards, prevention of significant deterioration increments, reasonable further progress demonstration, and visibility, as applicable, are protected if the plan is approved and implemented. 

4. N/A. The Regulation 1140 revisions will regemissions for vehicles sold in MY 2014 and beystandards more stringent than those currently in Delaware. Future SIP plans that rely on the benprogram will analyze the benefits of the programphased in due to future fleet turnover. Delawarreference California’s new stringent LEV III and standards, which have been granted a preemptiostate standards by EPA, under authority of CAA 

These standards are deemed to be as stringent or 

that the comparable Federal Tier 2 vehicle emisfrom which the 209(b) waiver is granted. 
EPA REQUIREMENT STATE SUBMITTAL 

5. Modeling information required to support the proposed revision, including input data, output data, models used, ambient monitoring data used, meteorological data used, justification for use of offsite data (where used), modes of 

models used, assumptions, and other information relevant to the determination of adequacy of the modeling analysis. 

5. N/A. No modeling demonstration was requirthe required revision. 

6. Evidence, where necessary, that emission limitations are based on continuous emission reduction technology. 

6. N/A. This SIP revision regulated new vehicllimits, not emissions limits applicable to a statiowhere continuous emissions technology would b

7. Evidence that the plan contains emission limitations, work practice standards and recordkeeping/reporting requirements, where necessary, to ensure emission levels. 

7. The California LEV rules being incorporated by Delaware in their revised Regulation 1140 unthe Delaware Admin Code contained in the SIP contain the necessary emission limits and recordrequirements. 

8. Compliance/enforcement strategies, including how compliance will be determined in practice. 

8. Methods for determining compliance with thLEV program are included in the California CCincorporated by reference by Delaware in Regul

9. Special economic and technological justifications required by any applicable EPA policies. (If a policy is not appropriate, explain why.) 

9. No special justifications are required. 

10. A Section 107 request must be accompanied by a maintenance plan demonstrating maintenance to the relevant NAAQS for at least 10 years after redesignation. 

10. N/A. This is not a section 107 request.